Diamond 3S, LLC (Board decision, April 20, 2021)

Plain-English summary

Diamond 3S, LLC was the respondent in an EPA Clean Water Act penalty proceeding. On March 12, 2021, the Presiding Officer issued an Initial Decision and Default Order. Neither party appealed that decision. The Environmental Appeals Board declined to review the case on its own initiative under 40 C.F.R. §§ 22.27(c)(4) and 22.30(b). The order states that the Initial Decision and Default Order would become a final order on April 26, 2021. The order does not state the amount or underlying basis of the penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: The Board declined sua sponte review, and the Initial Decision and Default Order was set to become final on April 26, 2021.
• Key point: When neither party appeals, the Board may decline to review an Initial Decision and Default Order on its own initiative, allowing it to become final under 40 C.F.R. § 22.27(c).

Full text (EPA EAB public release)

                                                                                      F I L E D
                                                                                          Apr 20, 2021
                                                                                     Clerk, Environmental Appeals Board
                       ENVIRONMENTAL APPEALS BOARD        INITIALS ________________________

              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, D.C.


                                                 )
In re:                                           )
                                                 )
Diamond 3S, LLC                                       CWA Appeal No. 21-(01)
                                                 )
                                                 )
Docket No. CWA-06-2018-1831
                                                 )
                                                 )


                ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

         On March 12, 2021, the Presiding Officer issued and served on the parties an Initial

Decision and Default Order in the above-captioned case. Neither party appealed, and the

Environmental Appeals Board is declining to review the case on its own initiative. See 40 C.F.R.

§§ 22.27(c)(4), 22.30(b). Accordingly, the Initial Decision and Default Order will become a

final order on April 26, 2021, pursuant to 40 C.F.R. § 22.27(c).

         So ordered. 1


                                                      ENVIRONMENTAL APPEALS BOARD



   Apr 20, 2021

Dated: ____ By: ______
Aaron P. Avila
Environmental Appeals Judge

1
The three-member panel deciding this matter consists of Environmental Appeals Judges Aaron
P. Avila, Mary Kay Lynch, and Kathie A. Stein.
 CERTIFICATE OF SERVICE

    I certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review

in the matter of Diamond 3S, CWA Appeal No. 21-(01), were sent to the following persons by
electronic mail:

Ryan Summers
Diamond 3S, LLC
20102 West Coyote Trail
Sandy Springs, OK 74063
[email protected]
[email protected]

Earle A. “Rusty” Herbert
Enforcement Counsel (ORCEW)
U.S. EPA Region 6
10625 Fallstone Road.
Houston, TX 77099
[email protected]

Regional Judicial Officer Thomas Rucki
U.S. EPA Region 6 (ORC)
1201 Elm Street, Suite 500
Dallas, TX 75270
Rucki.Thomas@epa,gov

Lorena Vaughn
Region 6 Hearing Clerk
1201 Elm Street, Suite 500
Dallas, TX 75270
[email protected]

    Apr 20, 2021

Dated: ____ ______

                                                            Eurika Durr
                                                         Clerk of the Board